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HomeMy WebLinkAboutMIN COUNCIL 2017-02-22 2016-2018Hawaii County Council 6th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai `i February 22, 2017 INVOCATION: Pastor Makana Delovio of New Hope Legacy gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:06 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Ms. Valerie T. Poindexter, Chair Ms. Karen Eoff, Vice Chair Mr. Aaron S. Y. Chung, Member (via videoconference from Hilo) Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Eileen O'Hara, Member Mr. Herbert "Tim" Richards, III, Member Ms. Jennifer Ruggles, Member Absent & Excused: Ms. Maile Medeiros David, Member ACTING CHR. EOFF: Just for the public and Council Members information, Council Member David is excused today due to health reasons. And Council Members Chung and Lee Loy are joining us from Hilo by video conference. Mr. Richards, would you mind leading us in the Pledge of Allegiance? Thank you. PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Mr. Richards led the Council in the Pledge of Allegiance.) ACTING CHR. EOFF: Thank you. Ms. Poindexter at this time, may I give the Chair back to you as Chair, while Mr. Kanuha and I present the certificate? CHR. POINDEXTER: Sure. ACTING CHR. EOFF: Thank you. Hawaii County Council -6 February 22, 2017 CHR. POINDEXTER: Let the record show that I have assumed the Chair. Relinquish Chair: At this time, Acting Chair Eoff relinquished the Chair to Chair Poindexter. PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time. Ms. Eoff and Mr. Kanuha presented Certificates of EXPRESSIONS Merit to Olivia Loney for outstanding leadership, and Bryan Jacobs OF CONDOLENCE: for outstanding delegate awards.) CHR. POINDEXTER: Meeting is in recess, 10 minutes. Thank you. Recess: At 9:16 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:20 a.m. CHR. POINDEXTER: Okay, we're back in session. Let the record show that I'm relinquishing the Chair back to Karen Eoff, Council Member. Relinquish Chair: At this time Chair Poindexter relinquished the Chair back to Acting Chair Eoff. ACTING CHR. EOFF: Thank you. At this time I'd like to take statements from the public on items on the agenda. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Joyce A. Folena: Bill 7 (Comm. 64); Bill 8 (Comm. 64); and Bill 9 (Comm. 65. 1), in support. Gregory T. Smith: Bill 7 (Comm. 64); Bill 8 (Comm. 64); and Bill 9 (Comm. 65. 1), in support. Corey Harden: Res. 76-17 (Comm. 105), in opposition. Garth Yamanaka: Res. 76-17 (Comm. 105), in support. James McCully: Res. 76-17 (Comm. 105), in support. Page 2 Hawaii County Council -6 Mitch Roth: (Representing Prosecuting Attorney) Caleb Yamanaka: February 22, 2017 Res. 67-17 (Comm. 96); and Res. 76-17 (Comm. 105), in support. Res. 76-17 (Comm. 105), in support. ACTING CHR. EOFF: Okay, before I close out statements from the public, I'm just going to check with the outer sites. Is there anybody else that wishes to testify today? Okay, hearing none, we'll go ahead and move onto approval of the minutes. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval of Mr. Richards moved to approve the Minutes of March 2, Minutes: 2016 (Special Meeting), and March 2, 2016 (Regular (Approved) Meeting). Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: Council Members, we're going to take a recess to call Senator Kahele. Recess: At 9:41 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:49 a.m. ACTING CHR. EOFF: Okay. Mr. Kahele is not available right now, so Mr. Clerk, from the top of the agenda then. Lets take Communication 73.1. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 73.1: REPORTS THE ATTENDANCE OF COUNCIL MEMBER RUGGLES, COUNCIL MEMBER LEE LOY, AND COUNCIL MEMBER O'HARA AT A COMMUNITY MEETING ON JANUARY 23, 2017 From Council Member Eileen O'Hara, dated January 27, 2017. Page 3 Hawaii County Council -6 February 22, 2017 Motion to Close File: Ms. O'Hara moved to close file on Comm. 73.1. Seconded by Ms. Ruggles. ACTING CHR. EOFF: Ms. O'Hara. MS. O'HARA: This was an emergency community meeting that was called as a result of the fire that occurred in Pahoa Town on January 16th I believe it was, on Martin Luther Day. We had a very short time to notice this meeting, but we still had over 150 individuals that attended. Ms. Ruggles was invited to come and speak at the meeting because this is also part of her district. Ms. Lee Loy also attended just to see what was, you know, happening at the meeting and to show her concern for the situation in Pahoa Town. So we had more than two Council Members at the meeting, and we are therefore obligated to submit this report. ACTING CHR. EOFF: Thank you very much. Council Members any questions? Mr. Kanuha. MR. KANUHA: Not really a question, just a statement that I want to put on record, again, because I think it's insane that we have to do these types of things. When we host a meeting or somebody else host a meeting, we have to notify the public that three Council Members were there, and about what happened at the meeting. I mean these are community meetings dealing with emergency responses in the community. It just doesn't make any sense within the Sunshine Law whatever they're telling us to do, that we have to put this out there. I'm just saying I know we have to do this, but I think for the record, it's insane to me that we have to do this. So I just wanted to state that. ACTING CHR. EOFF: Okay. Thank you, Mr. Kanuha. Anybody Ms. Ruggles. MS. RUGGLES: I just had a question on why we would have to do the memo if the meeting was public and videotaped. Because it seems like the fact that it was public and it was livestreamed, it does meet the intention of the Sunshine Law. ACTING CHR. EOFF: Mr. Clerk, do you want to help us out with that? MR. HENRICKS: I believe the opinions of previous Corporation Counsels were that in the spirit of the Sunshine Law to construe these provisions requiring the reporting as broadly as possible and just to make the simple report. Just again, to follow and pay homage to the Sunshine Law as much as possible. If we're uncertain whether or not it meets the requirements, it's just better to do it in err of the side of caution. Page 4 Hawaii County Council -6 February 22, 2017 ACTING CHR. EOFF: And just a comment. I think prior to a current new law, Council Members more than two weren't even allowed to attend a community meeting. So now the law allows us to have more than two, but we have to provide this report. So that's my understanding. Mr. Richards. MR. RICHARDS: I agree with Councilman Dru. MS. O'HARA: I would also like to say I agree with Councilman Kanuha. And I'm going to ask if the bill at the legislature is still active for addressing this matter on public meetings in the Sunshine Law. It is still active? So that means it's dead? Okay. That's unfortunate because I do find this an unreasonable restriction, especially in this situation with Council Districts 4 and 5, which share the town of Pahoa. So obviously we need to have both Council Districts represented, and if another one comes in, then MR. HENRICKS: Just for the record, if it's just two of you, no report is necessary. It's the third Council Member that— MS. O'HARA: I understand it's the third Councilperson, but it's quite possible that a third Councilperson would want to be involved, it was a very historical event. ACTING CHR. EOFF: Are there any comments from Hilo? MR. CHUNG: Yeah. ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: Yeah, I agree with Mr. Kanuha and others wholeheartedly. I think it's silly actually, that we have to go through all of that process in reacting to emergency situations. So I think what we should do really, is put our heads together and find some kind of way that we can work with the Legislature in relaxing those rules. But that's my thoughts, thank you. ACTING CHR. EOFF: Yes, thank you. Okay, any other comments? Ms. Lee Loy. MS. LEE LOY: So thank you. Clearly I was the third wheel in that public meeting, but I completely agree with Mr. Kanuha. You know, and I'm always going on a go back to good information helps us make good decisions, and unless we're listening to the community, we're not going to be able to help the community. And that's the diligence that all of us have to do as Council Members, especially as we're writing policy that impacts our community. And I agree with Mr. Chung, we have to figure out a way where we can collectively sit down and listen, and come up with opportunities to help move our communities Page 5 Hawaii County Council -6 February 22, 2017 forward. And I stand in support of Mr. Kanuha and working with Mr. Chung on relaxing those requirements. So thank you. ACTING CHR. EOFF: Okay, thank you. Anybody else? Then all in favor of filing Communication 73.1 please say "aye." Vote on Comm. 73.1: The motion to close file on Comm. 73.1 was carried by Filed the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: Mr. Clerk, Order of Resolutions. Resolution 61-17. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 61-17 URGES THE HAWAII STATE LEGISLATURE TO APPROVE SENATE (Draft 2): BILL NO. 656 AND HOUSE BILL NO. 481 TO ADDRESS THE THREAT OF THE LITTLE FIRE ANT (LFA) Urges approval of the above bills in the 2017 legislative session to fund a project administered by the Hawaii Department of Agriculture to address the spread of LFA. The project includes the distribution of coupons for pesticide treatment and a mapping of all LFA sites in the County. Reference: Comm. 88.2 Intr. by: Ms. Lee Loy Approve: GREDC-2 Motion to Approve: Ms. Lee Loy moved to adopt Res. 61-17, Draft 2. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Yeah, thank you. I'm just continuing to urge my Council Members to support this. There are a couple of bills moving through the legislature, some, you know, have different iterations. But at the end of the day, any type of support we can get to help address our little red fire ants, whether it's down at our beach parks that impact our tourist, or you know, helping our farmers. This is one of those critical steps, so thank you. Page 6 Hawaii County Council -6 February 22, 2017 ACTING CHR. EOFF: Okay, thank you. Council Members, any other comments? I'd just like to add much mahalo to you for giving us a chance to support this, and urge the legislature to go ahead and do everything they can to help us. I know this is such a serious problem spreading throughout the whole island, so thank you, Ms. Lee Loy. Okay, all in favor of supporting Resolution 61-17 Draft 2 please say "aye." Vote on Res. 61-17: The motion to adopt Res. 61-17, Draft 2 was carried by the Draft 2): following voice vote: (Adopted) Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: Okay, Resolution 62-17. Res. 62-17: URGES THE HAWAII STATE LEGISLATURE TO IMPLEMENT THE RAPID`OHI`A DEATH PART I: STRATEGIC RESPONSE PLAN FOR HAWAII 2017-2019 AND TO PROVIDE FUNDING TO IMPLEMENT THE PLAN OVER THE NEXT THREE YEARS The Strategic Response Plan was developed by the Department of Land and Natural Resources via multi -agency collaborations and input from people working on Rapid `Ohi`a Death. The plan estimates needs of $3.6 million for 2017, and $3.2 million for the following two years. Reference: Comm. 89 Intr. by: Ms. O'Hara Approve: GREDC-3 Motion to Approve: Ms. O'Hara moved to adopt Res. 62-17. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. O'Hara. MS. O'HARA: Yes. This is another very, very important issue. I am trying my best to track it at the legislature, but it's challenging because there was so many different bills introduced. What I have heard, and I hope this isn't the final outcome, is that the budget that they had planned to pass for the strategic plan has been reduced by a million dollars. If that's the case, then research plans will have to be curtailed under this strategic plan, and that also gives the County of Hawaii an opportunity to weigh in with potential funding at some point here. Because this is a problem that we don't want to become Statewide, and it is currently Page 7 Hawaii County Council -6 February 22, 2017 restricted only to the Big Island. But it is a very important issue, in my district in particular, which happens to be ground zero for Rapid Ohi`a Death. But it is now spread to 8 of the 9 Council Districts, so it's of concern to all of us. So I urge your support for this, thank you. ACTING CHR. EOFF: Thank you. Any other comments? See none, then thank you for bringing this forward Ms. O'Hara. All in favor please say "aye." Vote on Res. 62-17: The motion to adopt Res. 62-17 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: Resolution 66. MR. HENRICKS: Madam Chair, I just got word that Mr. Kahele can be pulled out of the meeting if we'd like to take up the resolution now, because they have the video linked up and ready to go. ACTING CHR. EOFF: Okay. Then do I need to take a recess? MR. CHUNG: Madam Chair? ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: Before you do that, because if Senator Kahele gets involved, it might take a little long. We have Resolution 73-17, Mr. Clayton Honma is in the audience, and he's been here at the request of Council Member David. I'm wondering if we can just take that out of order so he can be on his way. ACTING CHR. EOFF: Sure I'll do that. Mr. Clerk, can you read Resolution 73-17? Change of Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 8 Hawaii County Council -6 February 22, 2017 Res. 73-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE OUTSTANDING OLDER AMERICANS AWARD LUNCHEON Transfers $2,000 from the Clerk -Council Services — Contingency Relief account (Council District 6); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 102 Intr. by: Ms. David Motion to Approve: Ms. O'Hara moved to adopt Res. 73-17. Seconded by Mr. Richards. ACTING CHR. EOFF: Anybody? Mr. Honma, go ahead. (Note: At this time, Program Planner for Office of Aging Clayton Honma came forward to address the members of the Council.) MR. HONMA: Hi, Clayton Honma program planner for the Office of Aging. I'm here at the request of Council Member David, and I'd like to ask for all of your support. And you know, also I want to thank all of the Council for supporting the Office of Aging as well. But the monies are going to be used for the outstanding Older Americans Luncheon, held May 5 at the Hilton Waikoloa Village. And the event honors the kupuna's from all the communities, and their contributions to the communities out there. So thank you again, for all of your support. We did have special support from Council Member Eoff, Council Member Kanuha, and Council Chair Poindexter, so thanks again. ACTING CHR. EOFF: Okay, thank you. Nice to see you, Mr. Honma. Any other comments? Okay then, all in favor of Resolution 73-17, please say "aye." Vote on Res. 73-17: The motion to adopt Res. 73-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: I'm told we can move right into Resolution 76-17, so Mr. Clerk, can you read that in please? Page 9 Hawaii County Council -6 February 22, 2017 Res. 76-17: URGES THE HAWAII STATE LEGISLATURE TO PASS LEGISLATION TO REVITALIZE THE CITY OF HILO AND EAST HAWAII Urges the State Legislature to support any legislation that would revitalize and bring stimulus to the Banyan Drive and Kanoelehua Industrial Area, and allow Hawaii County to provide input and be involved in discussions regarding planning for the future of State-owned properties in Hilo and East Hawaii. Reference: Comm. 105 Intr. by: Mr. Chung and Ms. Lee Loy Waived: GREDC Motion to Approve: Ms. Lee Loy moved to adopt Res. 76-17. Seconded by Ms. O'Hara. ACTING CHR. EOFF: How does this work Mr. Clerk? Does he come through our sound system? Ms. Lee Loy and Mr. Chung, I'm going to turn it over to you to open up the discussion. I saw Mr. Kahele has joined us, Senator Kahele, thank you from Honolulu. (Note: At this time, Senator Kaiali`i Kahele joined in on videoconference from Honolulu.) SENATOR KAHELE: Aloha. ACTING CHR. EOFF: Ms. Lee Loy, would you like to open up? MS. LEE LOY: Yeah, I'll go ahead and start. Aloha Senator, thank you so much for joining us this morning. If you could just give a brief snapshot on all the different pieces of legislation related to Banyan Drive, the peninsula, and then our KIAA (Kanoelehua Industrial Area Association) vans and where we're at right now. SENATOR KAHELE: Sure you know, first of all good morning, and I really appreciate the opportunity to be a part of this. You know, sitting here in Honolulu and being able to do this teleconferencing is fantastic. And I just wanted to thank the entire Council, especially our Council Representatives in Hilo, Chung and Lee Loy for sponsoring this resolution. You know, we introduced eight bills at the beginning of this legislative session, primarily the East Hawai `i Legislative Caucus, ready to address two things, and that was the economic development and revitalization of East Hawaii, specifically the State lands that are managed by the Department of Land and Natural Resources (DLNR), and also to look at updating, you know, fundamental land reform and Chapter 171 of the Hawaii Revised Statute. It governs all the rules around the lessees that exist in the KIAA and also on the Banyan Drive Page 10 Hawaii County Council -6 February 22, 2017 peninsula. And so eight bills were introduced this session, and they're moving its way through both chambers of the House and Senate. And so you know, a resolution like this coming from the County Council really helps our efforts when we go to those critical committees, you know, looking to get these bills heard. MS. LEE LOY: Senator, just a quick follow up. This morning we heard testimony regarding some of the bills and how they may be construed as kind of a quasi piece of legislation, similar to that of the Public Land Development Corporation and the land grab that they have. Could you expand a little bit about that? SENATOR KAHELE: You know, I'm not fully privy to the House Bills that are moving over on the House side. You know, those were introduced by my House colleagues and we're waiting for those to come from the House to the Senate. The bill that I can speak to is Senate Bill 1292. Of all eight bills that were introduced, that is the only bill that is currently alive in the Senate. The other three bills, that also had house companions, were not heard on the Senate side, and so that's the one bill that I can really speak to that introduced the concept of the Hilo Community Economic District. I don't believe that it has any similarities with the Public Land Development Corporation that was proposed several years ago. I think the bill in its current form, which is Senate draft one that was passed out of both the Tourism and Water Land Committees last week and is now waiting for a hearing by the Ways of Means Committee, is really a great bill for the County. I would encourage everyone to read that bill and its committee report. Major elements have changed in that bill that were a result of community input and community feedback that we received here at the legislature and were able to incorporate in that hearing last week. And so that bill does not look like it originally did and I think it actually makes the bill even stronger. As a matter of fact, the nine members that would make up this proposed authority, six of those members constitute quorum, all come from the County Council. We gave the authority to the County Council to select those six members and ultimately send those names to the Governor for his selection. And so we really looked at how we can preserve Home Rule in Hawaii County. One of the other things that we did with Senate Bill 1292, is we put a 20 -year sunset on it, and the opportunity for the County to re-enact the Chapter 53 Urban Renewal Law, or look at converting the proposed district to a business economic district, similar to like a vehicle that they use in Waikiki. So the idea is that through the HCDA (Hawai`i Community Development Authority) and DBEDT (Department of Business, Economic Development & Tourism), the State can come in and help the economic revitalization of Hilo and East Hawaii. But with a timeline that we don't intend to stay forever, we intend to sunset this measure and give it back to the County in whatever vehicle the County chooses to utilize. So 1292 is a bill I Page 11 Hawaii County Council -6 February 22, 2017 can speak to, and I think that hopefully the vehicle that can move forward through this legislative session. MS. LEE LOY: Thank you so much, Senator. Follow up question really related to the Home Rule, you mentioned six members from a total of nine. Are they specific to being from the Hilo area or just from the entire island? Are we looking? SENATOR KAHELE: The way the legislation is written now is if you live or work within a one mile geographical radius of the district, and the district includes Banyan Drive, it includes the DLNR lands in front of the Bakers Beach area where the pier is. It goes all the way to Chika Nakano and I think it's Po`okela Street, and the industrial area. It includes the Wailoa State Park and State lands, and so if you live or work in the economic district, then you can apply to be on the authority. Those applications would go to the Council, and so every member on the Council island -wide, would have an opportunity to vet those candidates as well as the public. And then ultimately the Council will select three applicants per position as finalist, and then send those three names to the Governor. So the Council would ultimately send 18 names to the Governor, and he would select six members to be on this authority. But no disrespect to anybody that lives outside of the district or in other parts of the island, but we really thought it was important that people that are going to help shape this economic district of East Hawaii and of Hilo is one's that either live or work in the district. So that was important. There had to be a way for us to define who could be on the authority, and that was the best way that we thought we could do without setting some type of new precedence MS. LEE LOY: Thank you so much, for all of that. I would make one suggestion that hopefully, one of our 18 maybe fits into one of our cultural practitioner pieces. I think they would bring a wonderful voice to the revitalization of Banyan Drive especially, so thank you. I know my colleague Mr. Chung has questions. Thank you. MR. CHUNG: Good morning, Senator Kahele. SENATOR KAHELE: Aloha. MR. CHUNG: And thank you for all your good work, not just on you know, these matters but everything else. We really do appreciate everything you're doing, and our delegation from the Big Island. You know, we received a testimony in opposition to our resolution this morning, it was from Cory Harden, and it was quite well written. It set forth in a capsulize Page 12 Hawaii County Council -6 February 22, 2017 way, many of the objections that have been lodged by various organizations. And I'm sure you're fully aware of what those objections are, you know, Common Cause, Sierra Club, Life of the Land, Hawai`i's Thousand Friends, League of Women's Voters, Kona Kai Surf Rider Foundation, also Susanne Case from DLNR Office of Hawaiian Affairs. You know, we'll be sending you a copy of this testimony, just so that you can take a look at it. It's always good to see what opposing views have to say, and maybe if you could take those things into consideration. Maybe they're already addressed in the bill that's moving forward, but you know, I'm going to be sending this up to you as well, okay? SENATOR KAHELE: Sure. Yeah, I haven't had a chance to see it, but you know, we really want to make sure that the community is as much involved as possible. And that's the beauty of this legislature, as well as the body of the Council, is that you know, we encourage community input and we try and see how we can fit those suggestions into the current legislation. While also preserving the same initiatives that you know, were born out of it, which is the economic revitalization of Hilo. And so we definitely put it into consideration. MR. CHUNG: Okay, good. And you know, you touched upon the makeup of the board or the commission, and kind of apologetically said that you know, you're trying to keep it to people who live and work in and around that area. But I think you also pointed out that it's going to be the Council Members from around the island who are going to be having a say in the appointment process. So I think that strikes a really good balance because it's always good to have outside view -points too, right? I mean even if most members, most or all of them will be coming from the area, at least you'll have Council Members from outside having SENATOR KAHELE: Absolutely. What was really critical for me with this bill was that I didn't want it to be East Hawaii or just Hilo Central. I really believe that our island needs to work together, and what benefits Hilo also benefits Kona, and what benefits Hilo benefits Kohala and Ka`u. And so I really want to emphasize that this is not a Hilo thing, it's not an East Hawaii thing, it's really our island that would benefit from this. But I really feel that the subject matter experts need to come from the district that either live or work in the district. In a one mile radius, every corner of the boundary of the district is a pretty wide area of Hilo. But like you said Councilman, everyone on the Council will have an opportunity to vet candidates, interview candidates, and ultimately—vote and who those nominees are that would go to the Governor. So I think that's a way to, like you said, strike a balance between making sure everybody has a say and has an input. MR. CHUNG: Yeah. And I personally think that's a very sensible arrangement that you've come up with because this is in your bill, right? 1292 is a bill that you introduced? Page 13 Hawaii County Council -6 SENATOR KAHELE: Yes. February 22, 2017 MR. CHUNG: Maybe I wasn't paying attention too, but is this the only one that's still floating around? SENATOR KAHELE: It's the only one floating around on the Senate side. On the House side, 1292's companion is 1479 that was introduced by Representative Nakashima. But as you all know—moved to different chambers they start to take on different shapes and different forms. So 1292 and 1479 do not—anymore. MR. CHUNG: And I think it's good because now it provides us more focus. And before, we were dealing with a lot of bills and as you can tell from our resolution, it just supports everything, right? We didn't want to get in a position where it would be choosing one representatives bill against another, we just supported everything based on what it represented, right? But how it provides a little bit more focus, as I said. SENATOR KAHELE: You know, there's really two things to look at here. You know, we can create our proposed economic districtrevitalization development—Hilo. But it also requires fundamental changes in chapter—that's something that's really important, that—State lands and how DLNR leases public land and typically in a nutshell it's 65 years. Once you get your 65 year point, that particular parcel must go out to public bid. And so there's really two different elements that need to somehow work together. But you know, if you really think about it, the majority land owner in East Hawaii is the State. Between DLNR and its land that they manage at Wailoa State Park, Banyan Drive—some land over by the pier and then you include the Department of Transportation Harbors Division and— by the pier. You look at the land by the airport under the Airport Division, look at all the lands that the University of Hawaii at Hilo has and the Hawaii Community College. Then you add in the Department of Hawaiian Home Lands and all the lands they have. The State of Hawaii, in different capacities is the majority landowner and they play a fiduciary, critical role in Hilo's, you know, development and it's economic—so that's what I'm hoping this piece of legislation would do. MR. CHUNG: Alright. Yeah, I have no further questions. But I just wanted to thank you, Senator Kahele for all of your efforts again. SENATOR KAHELE: Thank you. And thank you for putting this reso together, and I look forward to working with all of you. ACTING CHR. EOFF: Thank you. Here in Kona, Ms. O'Hara. Page 14 Hawaii County Council -6 February 22, 2017 MS. O'HARA: Thank you, Chair. And thank you, Senator Kahele, for joining us. As I understand from your discussion, the only Senate Bill that's still alive is 1292. And we did receive some opposing comments, and perhaps you could tell me since it's been through several changes already, iterations, whether either of these comments are still relevant to the current draft of the bill. The first came from Wesley Machida, Director of Department of Budget and Finance, saying it's difficult to determine whether the proposed revolving fund would be self- sustaining. That's the first comment, and the second comment came from Susanne Case, Chair of DLNR. She respectively suggest that extension of existing leases in exchange for lessees making substantial improvements, may be the better way to deal with the end of lease issues in Hilo. So those were the two kind of dissenting comments on the bill, and I don't know if they've been taken in consideration already with changes made to the bill. SENATOR KAHELE: Well you know, Councilwoman, what's interesting is that we have not seen that type of testimony from B&F (Budget and Finance) or DLNR as far like I said the Senate bill. What I have seen from DLNR is comments only from the Land Management Division in regards to Senate Bill 1292. We haven't had any State agency oppose this bill, and so this is news to me. However, what I will say is, the first comment that the revolving fund could potentially not be sustainable, I would disagree with the Director because there's well over 80 to 90 leases that the DLNR currently manages. Million dollars in annual revenue, and part of this bill would be a shared, I guess a shared split with HCDA, (Hawai`i Community Development Authority) DLNR—special land fund. There's no question that there's millions of dollars annual that the State, through DLNR, it gets on all of these parcels, KIIA and Banyan. And so ultimately, that's going to be—the DLNR, and Jesse Souki, who's the Executive Director of HCDA to negotiate those revenues. So the fact that the revolving fund wouldn't sustain itself, I don't know what the Director— The second point as far as extending the leases, that's a totally valid statement. I think that if the lessees could make improvements to their properties, that could be a provision to allow them to extend their leases without going to public auction. But I think it still begs another question. Who's going to create a new vision to focus for East Hawaii? And unfortunately, that's not DLNR's role. The Department of Business and Economic Development and Tourism, they specialize in things like this. It's not DLNR's role to help shape the future of East Hawaii and our island. Their job is to manage leases, and so that was one of the reasons for this bill. MS. O'HARA: Alright, thank you very much for your response. I yield. ACTING CHR. EOFF: Thank you. Ms. Ruggles. MS. RUGGLES: Aloha Senator, thank you for being here. Page 15 Hawaii County Council -6 February 22, 2017 SENATOR KAHELE: Aloha. MS. RUGGLES: I just had a quick question, if you could clarify. Did you say that 1292 is the only legislation having to do with Banyan Drive that's currently alive? SENATOR KAHELE: Yes. Senate Bill 1292 is the only bill on the Senate side that's still alive. The other four House Bills that are still alive are House Bill 575, House Bill 1310, and House Bill 1479. I will also emphasize that Senate Bill 1292 is just not about Banyan Drive, it is about all the State lands that DLNR manages in East Hawaii. Those primarily would be Banyan Drive, the KIAA, Wailoa State Park, Wailoa Water Ways and the estuaries, and also the lands that are front the Department of Transportation Harbors Division. There's a stretch of cones that are all on the revocable month to month permits, there kind of Bakers Beach area, across from Reeds Bay. And so those are the lands that we're talking about, they also include the land that is across from HPM. Those are also DLNR lands that front the airport. And also working with other entities like Kamehameha Schools that has about a 25 acre parcel right across the Civic Auditorium, and seeing what they might do with that. And then ultimately I would also like DHHL to clear out the table because I think it's vital that they're a part of this plan as well. I was a little discouraged that the Chair didn't want DHHL to be a part of this proposed concept. And really, DHHL leases all of the major establishments in Hilo, you know, the Prince Kuhio Mall, Home Depot, Target, and Safeway, that's all DHIIL land. So I really feel that DHHL should be part of this conversation as well. They're also heavily involved in the industrial area, you know, everything north of Chika Nakano's going towards Aiona Car Sales, and Hopaco, that's all DHHL property. So we really need DHHL at the table. MS. RUGGLES: Thank you for answering my questions, Senator Kahele. That's all I have, mahalo. ACTING CHR. EOFF: Thank you. Mr. Kanuha. MR. KANUHA: Thank you, Madam Chair. Aloha Senator, mahalo for everything that you do. SENATOR KAHELE: Aloha. MR.KANUHA: Really just hereto support this resolution and I just want to see how much of an impact our resolutions have with the legislation that's going through the State. I just want to, you know, make sure that the resolutions that we do send up, you know, do have an impact. Does it make a difference that we send these things up? Page 16 Hawaii County Council -6 February 22, 2017 SENATOR KAHELE: I think it's critical in my opinion. You know, every little bit of momentum that we can have here at the legislature as our bills go through various committees and cross over to the different chambers, I think it's critical. I think resolutions coming from the Council as a collective voice, as an island voice are really important. I also think just as important is the support of the administration. But from the Council's perspective, really the legislative body of Hawaii County, I think it's critical that we have this. It's another added tool in our toolbox you could say, as legislatures. MR. KANUHA: Awesome. SENATOR KAHELE: (inaudible)afternoon, and really encourage to hear this bill. So the fact that I could say, the County Council of our island stands behind all of these measures is really beneficial for us, so it does make a difference. MR. KANUHA: Okay, mahalo for that. That really eases my mind because you know, we send a lot of resolutions up. And you know, sometimes we wonder where they ever end up, in terms of you know, in the minds of each Legislator that's dealing with a lot of these issues that we urge to support. But you know, coming from Kona, I'm glad to be supporting this and being a part of this to lend support in Hilo. You know, this isn't just a Hilo thing again, like you spoke about earlier, this is an island wide revitalization. Because whatever happens in Hilo does affect what happens throughout this entire island. So I'm glad to be able to stand in strong support of this Senate Bill and the House Bills that are going through. So glad to support it from the Kona side, and you know, I was trying not to digress. And also thanking you for supporting to make sure that the County gets their fair share TAT (Transient Accommodations Tax), but I just had to throw that in. Just mahalo for everything you do. Aloha. SENATOR KAHELE: You're welcome, thank you. ACTING CHR. EOFF: Thank you. Any other Council Members? MS. LEE LOY: Yeah, I do have a follow up. ACTING CHR. EOFF: Go ahead, Ms. Lee Loy. MS. LEE LOY: Oh, thank you. And for Senator Kahele, you know, the issues related to Wesley Machida and Department of Finance, they were taken a little out of context. And basically, that particular department wrote that they took no position, but they did have issues related to other pieces of our Hawaii Revised Statues. So that's where that comment came from, and Department of Hawaiian Home Lands also took no position as far as, you know, to support Senate Bill 1292. So I just wanted to clarify that position. Page 17 Hawaii County Council -6 February 22, 2017 Susanne Case's testimony was actually related to House Bill 1479, and I'm still looking at that information. But again, you know, Senator, I really do appreciate all the hard work that you folks are doing. And you know, all of our counter parts, not only up at the Capitol, but all the way down here to the County Council level, it really is a multipronged approach. We're just going to need everybody speaking in support to move something forward because Hilo really does need some revitalization. And the point you made regarding the State, the State really does hold title to so much of Hilo. And what I really appreciate about Senate Bill 1292 is that it actually does bring it back to home rule with the opportunity for people to sit on these redevelopment agencies, have a larger voice here at home. And then be able to move, you know, the Honolulu piece forward and guide us, and take us where we want to go in the future. So thank you so much, for your hard work. SENATOR KAHELE: You're welcome, thank you. MR. CHUNG: Madam Chairman, I also have a question. ACTING CHR. EOFF: Okay, go ahead, Mr. Chung. MR. CHUNG: First of all, I wanted to thank Ms. Lee Loy for clarifying those points. You know, she's always utilize the theme of you know, information and utilization of information, and how important it is to us. And you know, I think in this situation, it's very important that we get correct information, you can't take things out of context. So I really want to thank her in that regard. But I wanted to touch upon something that was brought up by Mr. Kanuha. It's very interesting about the effect that these pieces of our legislation or resolution have at the State level. And Senator Kahele, you know, as we have it drafted right now, we included all of the bills. We just said we support all of them, would that be okay for your purposes? I just wanted to make sure. I'm sure it's going to be okay. SENATOR KAHELE: I think so, yeah. I think the resolution I'm looking at now, in its current form is good. You know, like we always said, we don't want to highlight any particular piece of legislation or Legislator. It's better to support all the measures that have been put on the table. As we all know, some are not alive now however, I think in its current form, it's good. MR. CHUNG: Okay. And you know, now it gets into a more fundamental issue, probably not germane to the matter at hand. But something I'd like to bring up with you just food for thought. You know, we've been discussing, Ms. Lee Loy and I, and I also talked to Ms. O'Hara about this, the possibility of the legislature enacting some kind of bill, which would authorize the counties to move quicker in sending resolutions of support to the legislature. Because you know, really we're Page 18 Hawaii County Council -6 February 22, 2017 doing it for you guys, right? We're an adjunct of the legislature in that regard, but look, this took almost a month for us to bring to the agenda. And I'm thinking you know, if we could do minute resolutions for example where everyone can just sign, it has to be done unanimously, and we can send it up in like a day or two. And then it could be ratified later on at a subsequent meeting. I mean if you could just kind of think about that because it really would assist the legislature in doing their work, I believe. Yeah, thank you. SENATOR KAHELE: I'm not a constitutional expert, but would this be something that would fall within the Charter? I don't know. Or are there Council rules that outline the different types of resolutions or vehicles that the Council can put forward? Is this something that falls in the legislature? MR. CHUNG: We're constrained because of State Law. But we can talk about this a little more, but I just think its food for thought. Thank you. SENATOR KAHELE: Thank you. ACTING CHR. EOFF: Thank you. Any other questions Council Members? Senator, do you want to add anything more before we close down discussion? SENATOR KAHELE: No, this is great. First time I'm doing this, and I'm really excited that Hawaii County is using this type of technology, it really gives us an opportunity to participate. Thank you for hearing this resolution today, and I look forward to moving it forward, and having to accompany these bills. ACTING CHR. EOFF: Thank you. I wanted to express our collective thanks for you taking time out of your day to be with us, and thank our staff for setting up the technology. So it worked really well. SENATOR KAHELE: It did. They worked really hard. ACTING CHR. EOFF: Okay, mahalo. Have a good day. And we're going to go ahead and take a vote on Resolution 76-17, all in favor please say "aye." MR. CHUNG: Madam Chair, are we? ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: We were going to ask a question of one of the person in the audience because I thought all we were doing was asking questions of Senator Kahele first. And then we were going to make more statements. ACTING CHR. EOFF: Oh, I'm sorry. Mr. Clerk, can I go backwards? Do you guys want to continue discussion? I'm sorry. Page 19 Hawaii County Council -6 February 22, 2017 MR. HENRICKS: I don't believe that you announced the results of the vote, so if you just say for the record that we're going back to the motion, that the vote was not cast, that should be fine. MS. LEE LOY: I just have one question. MR. CHUNG: Okay, go ahead. MS. LEE LOY: Yes. If my colleagues would indulge me just for one more question. ACTING CHR. EOFF: Okay, just let me state for the record that we're going to resume our discussion at this time on Resolution 76-17. Okay, Ms. Lee Loy. MS. LEE LOY: Thank you. Mr. McCully? Thank you. (Note: At this time, James McCully came forward to address the members of the Council.) MS. LEE LOY: And thanks Senator Kahele, for sticking around for this part of the conversation. Hi. MR. MCCULLY: Hello. MS. LEE LOY: Aloha. You know, Mr. McCully, what I found really interesting today was really the history of the lands, and how the lands—you know, a lot of this were people who were displaced after the tsunami. MR. MCCULLY: Correct. MS. LEE LOY: Could you share with me a little bit of that story of how they were displaced? MR. MCCULLY: Well certainly all of us in our collective conscious remember the tsunami of 1960, and how our current bay front fields where the Shimachi District that was the commercial industrial heart of Hilo. I shouldn't say the heart, I'd say the muscle. You know, the people are the heart, Banyan Drive is our face, and the muscle of Hilo is the industrial area and the commercial districts. So this is how our economy functions to support the people, and the people depend on this economy to grow and sustain their needs, their future. So when the State suggested that the business owners move out to the cow pastures that were out at Kanoelehua, that are now our industrial area, it was their only option. The State at that time offered to the former owners of land, they could buy their lease in the first two years. And that's why the KIAA is currently a checker board Page 20 Hawaii County Council -6 February 22, 2017 of fee simple and lease hold properties. As an example, the Chrysler dealer, Kitagawa, is fee simple, and immediately adjacent to it, Paradise Plants, is a lease hold. And it's like that in KIAA, which makes it checker board also of improvements. What you'll generally see in KIAA is that the retail users, the car dealers, they'll keep a nice facade on the front of their lease hold or their fee simple property because that attracts customers. But a warehouse that is trying to provide goods or services to the other businesses can't afford to do that in the latter part of a lease. A lot of the testimony that I noted in opposition was out of context with what these bills are trying to provide for in our community. And a lot of people are hung up on very archaic concepts, 65 years as a restriction on a term of the lease. Why 65 years? Where did that come from? Well the fact is it came from the Housing Urban Development (HUD) in the 1950's. What's a modern HUD? Ninety nine years, but in finance terms modern is simply the term of the lease should equate to the payment, the amortization of the loan. So instead of saying well it's for a person's lifetime, or 99 years or perpetuity, the lease should be flexible so that they reflect the needs of the business that's currently utilizing that improvement on the State lands. We have very few State lands, we need to have them operated at optimum efficiency, and we can't afford for them to be wasting assets. And that's the predicament Hilo has been in both on Banyan Drive, and the industrial area for the last 25 years. MS. LEE LOY: And then you mentioned with our wiki house lots area, there seems to be a level of spillover. MR. MCCULLY: Yes. MS. LEE LOY: Could you expand on that a little bit, just from a growth potential. MR. MCCULLY: Sure. So I think that the business owners started reaching out into the County as early as the late 80's, but certainly in the 90's. And the Council was responsive and the Planning Department was responsive. There was no pressure relief valve for business owners, for urban industrial lands, except to move into a residential neighborhood. Now that can't work moving into Hawaiian Home Lands. They go across the railroad into the farm lots, it can't move into the airport area, it can't go into the water, it can't go back into the Wailoa estuary. Where do the businesses of Hilo move to when it's time for them to do something different? Because the State land lease doesn't allow them to redevelop on that property since they cannot extend the lease term beyond the arbitrary limit of 65 years. So when people are concerned with smart growth, the smartest growth is to take what we have and recycle it. Take that current lot with that current warehouse Page 21 Hawaii County Council -6 February 22, 2017 and make it better. Don't leave it behind. And by the way, when you do leave these warehouses behind, or the hotels behind, Uncle Billy's a perfect example. They left that hotel in very poor condition, because it was not in their interest to maintain it in the latter term of the lease. Peter Savio, the Hotel owner on Oahu, moved in and took over on a revocable permit. Noted that the roofs were falling in, people were being injured by faulty stairwells, and the termites were holding hands to keep the walls up. He said, "I got to rent these out for $50 a night," and turned it into a flop house. I shouldn't categorize it as that, but that came up in testimony to the Board of Land and Natural Resources. So why is Uncle Billy's, in that condition? Because in the early leases, and that's what we all had, the State cannot force you to take away those improvements. And we brought the property back to as is condition, when you started the lease. So the responsibility now to resolve any remediation of a property lies with the State of Hawaii. How much will that cost if the State has to go into Kanoelehua industrial area and remediate those properties? How many years of lost income will they have between the final lessee dropping off the keys, and then doing a phase one, phase two for mediation? How much is that going to cost, and then offer it up for lease to the next bidder? It's unfathomable what that would do to our business community. MS. LEE LOY: Okay. And my final question, infrastructure, the roads, the flooding, the water, the waste water, how does that play into all of this? Because I recognize from a business perspective, and just from a planning perspective, those critical infrastructure needs like our roads, like our water, like our waste water. They need to be intact, but they also have to have the capacity to address, you know, the growth, or the overspill, or the movement of the community. You know, how does this different pieces of legislation help that? MR. MCCULLY: I think that about 1479 the—uses chapter 206, and representative Onishi's House Bill 1469, it develops a new authority. Both envision something a kin to what we would consider at the County level, to be a business improvement district where the individual business owners, under the development authority, would agree to use a bonding capacity of an entity like the County or the State. It could circle back on this authority and come back to the County for improvement district, and basically self -fund. And the point is, do we need curb, gutter, and sidewalks in the industrial area? Maybe not on the Railroad side, but maybe over on the Maka`ala/Holomua side, where it's a conduit from the University over to the retail district at the Prince Kuhio. Second, we need to rezone these properties to reflect their actual use. The character of use of this industrial area has changed dramatically since the retail environment of Hilo got hollowed out with big boxes. Page 22 Hawaii County Council -6 February 22, 2017 Big boxes don't use warehouses. Our warehouse district no longer keeps Band- Aids and things for filling the shelves. They come in 40 -foot containers from Arkansas or California, they park them in the parking lot, and they unload them. And no warehouse in Hilo sends anything over into Target, that I'm aware of. So that's fine, it provides the consumers of Hilo low cost goods, but the warehouse district is now karate dojos and trampoline halls, and shops. And you know, there's a lot of businesses going on in Hilo that reflect the needs of our community, but industrial zoning should be MCX (Industrial -Commercial Mixed), it needs to be done almost on a blanket basis to reflect the character use of that area. MS. LEE LOY: Thank you, Mr. McCully, thank you so much. MR. CHUNG: Madam Chairman, could I just make a short comment? It's not a question of Mr. McCully. ACTING CHR. EOFF: Sure, go ahead, Mr. Chung. MR. CHUNG: Yeah. And this is just asking my colleagues for support on this matter. You know, I've been a lifelong resident of Hilo, and from what I've been told back in the early 70's, Hilo was the place to be, probably the second most exciting city or town in the State of Hawaii, next to Honolulu. And then of course Kona Airport opened up, Maui, and those all provide more of a stylized, romanticized image of what Hawaii is to tourist, right? And you can imagine what kind of affect that had on Hilo because Hilo was really the gateway to the volcano and to Kona. So you know, over the last 40 years, I think we just been in a kind of real status quo mode, really no upside. And you know, it's sort of depressing being a Hilo person, you know, not having any upside to your economy, because we have a lot to offer. You know, I think I've made this comment before. You know, I don't get excited about legislation, but these sets of bills that came up before the legislature this year, and it's recognition of the fundamental problems that's been going on in Hilo for many years, they excite me. And I hope, you know, all of you will share in that excitement. You know, what they do really is to give us hope, and I'm hoping that the rest of the legislature see's that. So I'm just asking for all of your support on this wholeheartedly, because this is very important. Not only to Hilo, but for our entire island. Thank you. MS. LEE LOY: Madam Chair? ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Yeah, my final thought, really to echo. If I could ask my colleagues for their wholehearted support. I'm too young to know of what Hilo Page 23 Hawaii County Council -6 February 22, 2017 was like with thriving hotels. I think Senator Kahele, my counterpart there at the Senate, and even Representative Todd, we're just a little too young to know what it was like, and we really saw Banyan Drive at its declined. And this pieces of legislation really does give the next generation hope, to raise their families, to have jobs, and you know, like Mr. Chung said, he might not be excited about much. I get excited about these types of long-range planning bills, and I just urge all of my colleagues to support this resolution. Thank you. ACTING CHR. EOFF: Thank you. I have a couple comments from Council Members who haven't had an opportunity yet, so I'm going to go to Ms. Poindexter. MS. POINDEXTER: Yeah, and Senator Kahele, thank you so much for all you do for the Big Island as a whole. And thank you Council Members Sue Lee Loy and Council Member Chung for putting this forward, because it is very important. And when council Member Lee Loy says how young she was, I feel old because I remember the 70's and how exciting that was. You know, with even the Waiakea Villas being a hot spot at that time, and now if you go look into the Hilo area, those are all, you know, very overgrown, you can tell it wasn't taken care of And I'd love to see the revitalization of Hilo, because that was truly the hot spot. Kona was, I think, just beginning to come alive. Not even the hotels at that time were down in the Waikoloa area yet. I think Maunalani was coming up, but anyway, so yeah, important piece of legislation that you put forward on 1292. So thank you, Senator Kahele as well. Aloha. SENATOR KAHELE: Aloha. ACTING CHR. EOFF: Thank you. Mr. Richards. MR. RICHARDS: Thank you, Chair. Senator, I enjoyed working with your father, I'm enjoying working with you, Tim Richards. I am almost as old as our Chair Poindexter, and I do remember the 70's quite well. And Hilo was quite a dynamic town. I am supporting this, I haven't said much. I don't think there's a reason to, this is just a right direction, so I will be supporting it. ACTING CHR. EOFF: Thank you. SENATOR KAHELE: Thank you so much. ACTING CHR. EOFF: Ms. Ruggles. MS. RUGGLES: Thank you, Chair. I definitely share the sentiment of how important it is to revitalize Hilo, and how important it is for our economy. I do have some reservations with the language of this bill. I understand supporting 1292 and I really appreciate Senator Kahele coming to answer our questions about Page 24 Hawaii County Council -6 February 22, 2017 that bill. I am unsure about all of the other bills and just supporting anything that has to do with the revitalization of Hilo, because there are some questionable procedures that could be within those bills. And so if this bill was more specific to 1292, it would have my wholehearted support. And there's also the language of the be at resolved "that these bills are of highest importance to the people of East Hawaii, ..." East Hawaii includes Puna and I've spoken to a lot of constituents in my district, and not one constituent brought up Banyan Drive. This isn't of highest importance to Puna, when people can't get in and out of their homes in my district. So I do support the sentiment behind it, but I will be voting kanalua no. Thank you. ACTING CHR. EOFF: Okay. Thank you, Ms. Ruggles. Mr. Kanuha. MR. KANUHA: Thank you, Madam Chair. I completely forgot to ask this question because my mind was on TAT. But with Senate Bill 1292, if it gets passed, does it affect what's currently happening now with Banyan Drive Redevelopment Agency? I don't know who can answer that question, but I just threw it out there because I know that's currently in the works, but I don't know if it does have an affect or it might coincide with it. But just wanted to see if it does have an effect on it, and that's all. Thank you. ACTING CHR. EOFF: Did you want to ask Senator Kahele to answer that, if he can? MR. KANUHA: Kai, would you know? SENATOR KAHELE: Yeah, well you know, the Banyan Drive Redevelopment Agency was created under the previous administration under the auspices of HRS Chapter 53, the Urban Renewal Law. That allows every County only to create one type of district like this. So if you wanted to create one, Councilman Kanuha, in the Kona District under HRS 53, you wouldn't be able to because there's only one allowed per County. That's how the current law is written. So that was enacted a few years ago, I think they have a five member board. They've been working together, I even think they're having a meeting today. That really is a provision that's driven by the County, so the new administration would really drive how that moves forward. And I understand they were supposed to have a meeting last month, but that was cancelled and so I'm curious to see what comes out of it today. But if this bill does pass or any of these pieces of legislation, such as the HCDA concept, then I would definitely seek collaboration with the County. As this bill, I would think it would take precedence over it, you know. Like I've always said, you know, the urban renewal law was always a great vehicle, it's a good start. It started these conversations about Banyan Drive, it put together subject matter experts and cultural advisors like Sig Zane from the community to help shape Page 25 Hawaii County Council -6 February 22, 2017 Banyan Drive. But in its current form, the current vehicle that the County has only focuses on Banyan Drive. The other thing is, in my opinion, it's limited in what it can do. Because it doesn't have any resources, and it doesn't have the authority to negotiate leases, or have the control over the State land. And so no matter what the County did, no matter what the current administration or this committee of the—did, they would still have to go back to the land board and ask for permission to enact anything that they came up with. The other piece would be—which is what Councilwoman Lee Loy, contributed to, is funding. In order to really revitalize Hawaii and this Hilo economic district area, we're going to have to invest in its infrastructure. We're going to have to invest in roads, we're going to have to invest in solar power, and so that's all going to take resources and money. We're going to have to do environmental impact statements, and have master plans designed and drafted. It all takes money. And so this vehicle, I would hope would become now, the primary vehicle for the County. But at the same time, like the vehicle is written, we don't intend to stay there forever. I don't intend for the State to stay there forever, and that's why we would sunset it in 20 years and return it to the County, when I think the County is more adequately positioned to manage these State lands. And it's my hope that the vehicle that we're able to put forward when we return it to the County, would give the County that power and that authority to negotiate the shared revenue for those leases. And also the negotiating of lease terms for these properties, so that's how I would envision this to take shape. MR. KANUHA: Okay, thank you. ACTING CHR. EOFF: Thank you. Any further comments? Ms. O'Hara. MS. O'HARA: Again, I support the intent of this resolution. I think it's great, I didn't grow up in Hilo, but I'm old enough to remember the 70's. I got here in 1980-81, and unfortunately have witnessed the demise of the Banyan Drive area and the Industrial Center. The one thing that is of concern to me in hearing this discussion, and I'm really grateful to you, Senator, for being here to explain Senate Bill 1292 in greater depth, is the lack of participation from DHHL, who does hold properties in the industrial area, and elsewhere in the area of concern. I wish they were a more of an active player in this as well as the State, and I understand that's a difficult thing to get going. But I hope that you'll continue to try to forge that relationship with DHHL because their participation is also critical to this revitalization effort. I also want to second some of the comments made by Ms. Ruggles, in that, I do have concerns about this bill because of all the legislation that is identified, and we are not that familiar with the current status of the House Bills. And they could Page 26 Hawaii County Council -6 February 22, 2017 contain language that I personally may not be supportive of, but we do not know at this point in time. In general, I support this concept and I will be voting kanalua yes on this. Thank you. ACTING CHR. EOFF: Okay, thank you. Any other comments Council Members? I'd just like to say again, thank you. And I do understand those concerns of my fellow Council Members who have expressed the fact that some of the bills listed in the resolution are either not currently alive or may have language that we don't understand. I appreciate this effort though, and so I want to support the resolution. I think because it's only a resolution, I think the House Representatives and Senators who need to make decisions understands it's on the record with our concerns, wanting to support the concept of Senator Kahele's bills. So hopefully that's the message that gets transferred, so do you want to add anything? We seem to have just a little bit of hesitancy, because of the number of pieces of legislation listed in the resolution. Senator, I was asking you that question. SENATOR KAHELE: Oh, you were asking me? Okay. You know, going back to Councilwoman O'Hara'sI whole heartedly agree with you as far as DHHL is concerned, and I'll continue to engage with them. I would also encourage—we have DHHL homesteaders and associations in East Hawaii. Keaukaha and Pana`ewa, and I would encourage them to be involved as well. You know, it's easy to identify one person or one legislator but it's pretty tough to turn your back on an entire community. And so I really feel like DHHL should have a voice at the table, and I'll continue to work with them. As far as the resolution goes in its current form, I understand the reservations. Mahalos to our two Council Representatives that drafted this a month ago, but you know, things have changed in the last month, and these bills have taken on different forms. I can speak as a subject matter expert for Senate Bill 1292, and I think everyone feels comfortable with that. I'm not sure if the edits can be made to the resolution, the same time I also hesitate to just highlight one particular bill. Because I really want to make sure that our island, and all of our legislators are working together. I think we're much stronger united than divided, and so I guess I'll leave that to all of you to decide on. ACTING CHR. EOFF: Okay, thank you. Well if we're ready to go to a vote, I guess we'll go for a roll call vote as this time. Page 27 Hawaii County Council -6 February 22, 2017 Vote on Res. 76-17: The motion to adopt Res. 76-17 was carried by the following (Adopted) roll call vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, and Acting Chair Eoff — 7. Noes: Council Member Ruggles — 1. Absent: Council Member David — 1. Excused: None. (Note: Ms. O'Hara and Acting Chair Eoff voted "kanalua" then "aye.") (Note: Ms. Ruggles voted "kanalua" then "no.") ACTING CHR. EOFF: Okay, thank you, the resolution is adopted. I was wondering Council Members Lee Loy and Chung, do you want to request that we make a motion to waive the 5 -day hold over for this reso so that it can be transmitted to the State as soon as possible? MR. CHUNG: Yes, please. Vote on Motion to Mr. Chung moved to suspend Council Rule 15 to waive the Suspend Council 5 -day hold for reconsideration. Seconded by Mr. Kanuha Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, Kanuha, Lee Loy O'Hara, Poindexter, Richards, Ruggles and Acting Chair Eoff — 8 Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: And we will get this transmitted as soon as possible. Thank you very much again for being here. I would like to take recess Council Members, five minutes, or lets say seven minutes. Okay, thank you, we're in recess. Recess: At 11:02 a.m. the Acting Chair called for a recess. Reconvene: The meeting reconvened at 11:12 a.m. ACTING CHR. EOFF: Mr. Clerk, can you read in Resolution 66-17. Page 28 Hawaii County Council -6 February 22, 2017 Return to Order The Acting Chair directed the Council to return to the order of business. Of Business: (Note: Items in this category were taken up previously, out of order.) Res. 66-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATED TO CONDUCTING PROGRAMS, ACTIVITIES, AND EVENTS THAT PERPETUATE HAWAII ISLAND'S DIVERSE CULTURES AND HERITAGES Transfers $3,700 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 95 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 66-17. Seconded by Mr. Richards. ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: Yeah, I just ask for your support. You know, cultures and arts has really done a lot for all of us, so you know, anytime they ask for some help, I'm more than happy to step up. That's all. ACTING CHR. EOFF: Thank you very much. Any other comments? Seeing none, all in favor say "aye." Vote on Res. 66-17: The motion to adopt Res. 66-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 7. Noes: None. Absent: Council Member David and Lee Loy — 2. Excused: None. ACTING CHR. EOFF: I'm not sure if Ms. Lee Loy is in the room, so there's seven ayes and two excused. Resolution 67-17. Page 29 Hawaii County Council -6 February 22, 2017 Res. 67-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT Transfers $10,000 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 96 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 67-17. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion? Mr. Chung. MR. CHUNG: Yeah, thank you. You heard it all from our Prosecuting Attorney Mitch Roth earlier, and normally, I don't ask people to come up, you know, to testify in favor of the resolutions for these types of monies, but inasmuch we did receive an objection, a written objection from a member of the public yesterday, I asked Mitch if he could come up and explain. And as best as I can tell, I don't know if all of you received those written objections, but they had to do with, I think one of the objections was that the people perpetrating the crime should be the ones paying for them. And there's an inherent conflict for the Prosecuting Attorney to get involved in this because they are the ones who are putting these guys in jail. And so now, why should they provide any help? You know, I mean I certainly respect the objections, but I just ask all of you to support this. I think it's very good, Mitch Roth has stated that this is going to reduce recidivism. And I think that's always in the best interest of our community, so please support. ACTING CHR. EOFF: Thank you. Comments, Council Members? I just wanted to say thank you, Mr. Chung for this generous contribution. I fully support both Big Island Drug Court and Veterans Court. I've watched them and watched their success rates over the years, and I think it's the philosophy behind it and the effort that goes into it is really a good program. Okay, with that, all in favor please say LL " aye. Page 30 Hawaii County Council -6 February 22, 2017 Vote on Res. 67-17: The motion to adopt Res. 67-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Okay, Resolution 68-17. Res. 68-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION TO PURCHASE AND INSTALL CEILING FANS IN THE WAIAKEA HIGH SCHOOL GYMNASIUM Transfers $7,000 from the Clerk -Council Services — Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 97 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 68-17. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion? MR. CHUNG: Yeah, just a really brief comment, and I wanted to make an explanation. You know, it would seem that at first blush, this is just a ceiling fan at a State facility. But I wanted to point out that this is also an evacuation center that hopefully we never use. But if we do have to use it, those ceiling fans are going to be vital to the comfort to those who are going to have to go to that facility. So I ask for your support in that regard. And one more thing, this is just part of a larger fundraising effort because I think the total cost is going to be upwards of $50,000-$60,000. Thank you. ACTING CHR. EOFF: Okay, thank you. Mr. Kanuha. MR. KANUHA: Thank you Madam Chair. I'm fully in support of this, why is this passed through Liquor Control? MR. CHUNG: Couldn't think of anywhere else to send it. They're willing to be the conduit. Page 31 Hawaii County Council -6 Vote on Res. 68-17 (Adopted) February 22, 2017 MR. KANUHA: Okay. I have no problem with that, as long as they're passing it through them. I fully support this. ACTING CHR. EOFF: Okay, Mr. Richards, did you have a comment? MR. RICHARDS: Yeah. Question Councilman Chung, is this a replacement of ventilation, or is this an additions? Is this something new, what's the story on that one? MR. CHUNG: It's something new, it's not a replacement. They never had fans. MR. RICHARDS: Wow. Okay, alright thank you. ACTING CHR. EOFF: Council Members, all in favor of adopting Resolution 68-17, please say "aye." The motion to adopt Res. 68-17 was carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Resolution 69-17. Res. 69-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION TO ASSIST WITH EXPENSES RELATING TO THE PURCHASE AND INSTALLATION OF FANS AT WAIAKEA HIGH SCHOOL'S GYMNASIUM Transfers $7,000 from the Clerk -Council Services — Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 98 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 69-17. Seconded by Ms. O'Hara. ACTING CHR. EOFF: Do you have any further comments Ms. Lee Loy? Page 32 Hawaii County Council -6 February 22, 2017 MS. LEE LOY: Yeah, it's very straight forward. It's actually a nice companion bill to Mr. Chung's, everything that he stated. These are two very large fans, and the ventilation in the gym, this would greatly enhance that. And in the time of an emergency will really be helpful, so I'm asking for all of my colleagues' support. Thank you. ACTING CHR. EOFF: Okay, thank you. Council Members, all in favor please say "aye." Vote on Res. 69-17: The motion to adopt Res. 69-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: Resolution 70-17. Res. 70-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LAUPAHOEHOE TRAIN MUSEUM FOR EXPENSES ASSOCIATED WITH EXPANDING THE COMMUNITY PROGRAMS AT THE HAWAIIAN CULTURAL CENTER OF HAMAKUA Transfers $10,000 from the Clerk -Council Services — Contingency Relief account (Council District 1); and credits to the Research and Development, Tourism Promotion account. Reference: Comm. 99 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 70-17. Seconded by Mr. Richards. ACTING CHR. EOFF: Comments, Ms. Poindexter? MS. POINDEXTER: I just ask for your support, I think it's pretty self-explanatory. ACTING CHR. EOFF: Okay, thank you. Any comments? Seeing none all in favor say "aye." Page 33 Hawaii County Council -6 Vote on Res. 70-17 (Adopted) February 22, 2017 The motion to adopt Res. 70-17 was carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff – 8. Noes: None. Absent: Council Member David –1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 71-17. Res. 71-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE PARANGAL DANCE COMPANY, A FILIPINO FOLK DANCE GROUP FROM CALIFORNIA Transfers $2,500 from the Clerk -Council Services – Contingency Relief account (Council District 1); and credits to the Research and Development, Tourism Promotion account. Reference: Comm. 100 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 71-17. Seconded by Ms. O'Hara. ACTING CHR. EOFF: Any comment? MS. POINDEXTER: Yeah, I just ask for your support. Thanks. ACTING CHR. EOFF: Okay, thank you. Any other comments? Mr. Richards. MR. RICHARDS: Can you explain it please? MS. POINDEXTER: Yeah. This will be part of the whole—during the Merrie Monarch Festival also, so this cultural group will be coming over and also will be spending time at some schools to teach and educate them on the cultural, you know, Filipino culture and their dances. It's not just dances, but culture as Filipinos living in America. Does that suffice? Thank you, I got a thumbs up. ACTING CHR. EOFF: Thank you. Council Members, all in favor please say LL " aye. Page 34 Hawaii County Council -6 Vote on Res. 71-17 (Adopted) Res. 72-17 February 22, 2017 The motion to adopt Res. 71-17 was carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 72-17. TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FOOD BASKET, INC., TO ASSIST THE STATE OF HAWAII DEPARTMENT OF HEALTH'S SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM Transfers $2,500 from the Clerk -Council Services — Contingency Relief account (Council District 5); and credits to the Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 101 Intr. by: Ms. Ruggles Motion to Approve: Ms. Ruggles moved to adopt Res. 72-17. Seconded by Mr. Kanuha. ACTING CHR. EOFF: Ms. Ruggles, you have a comment? MS. RUGGLES: Thank you, yeah. So these funds will be going to a double bucks program at the Maku`u Market, where SNAP (Supplemental Nutrition Assistance Program) beneficiaries will get double the amount of farmers market bucks that day. And so it's going to feed people who need it the most, while supporting local farmers and the district. So I ask for your support, thank you. ACTING CHR. EOFF: Thank you. Ms. O'Hara. MS. O'HARA: I'd also like to comment and thank you, Ms. Ruggles for introducing this. There will probably be a companion piece soon. This isn't just about the current SNAP beneficiaries, but they are also going to be educating the public about the availability of SNAP benefits. Because much of our public is not aware that they are actually eligible for receiving these benefits, and the State of Hawaii gives back millions of dollars in SNAP benefits to the Feds. So this is also an attempt to educate the public and sign people up for SNAP benefits, which Page 35 Hawaii County Council -6 February 22, 2017 is a benefit to our local economy as well. So it's a very good program that the DOH (Department of Health) is running. Thank you. ACTING CHR. EOFF: Thank you. Mr. Richards. MR. RICHARDS: Councilwoman Ruggles, is this supposed to be a one day event, or is it run until it runs out of funds? MS. RUGGLES: It will run until it runs out of funds. MR. RICHARDS: Okay. MS. RUGGLES: And there will also be a sight van for people who need vision and medical help. And another van, for people who need other sorts of medical help on those days. MR. RICHARDS: And its intent to spring board to make people aware that this benefit is available to them, so again, encourages and excites people to participate. Is that the idea to double the food, or is it our people just that short? MS. RUGGLES: Could you clarify your question? I'm sorry I don't understand your question. MR. RICHARDS: You say they will get twice the amount of food that they're purchasing, is that my understanding? So are people short of funds to feed themselves, and so this will help them, or is this to excite them about the whole process? MS. RUGGLES: For what was told to me, this is meant to help feed people and support local farmers. MR. RICHARDS: Okay, thank you. ACTING CHR. EOFF: Ms. O'Hara. MS. O'HARA: If I could comment further, in response to Councilman Richards' comment. The Maku`u Market meets every Sunday, and it's become a very, very huge market. It attracts people from all over the island, not only vendors but customers as well. So it's one of our big economic activities in Puna. And as far as the education that's one element of it, but it's also going to educate the public about the availability of medical services and vision care. And we find that the Maku`u Market, the customer base is most active in the beginning of the month, and yet towards the end of the month, less customers come to the market because they run out of their SNAP benefits. So clearly those who are receiving need Page 36 Hawaii County Council -6 February 22, 2017 additional food to help make it through the rest of the month. That answers your question? Thank you. MR. RICHARDS: Follow up? ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: From understanding that, and they can purchase half the amount normally in the front of the month, and get the full amount, and then still have funds leftover for later. Is that kind of the thought process? MS. O'HARA: The way the EBT (Electronic Benefit Transfer) system works at Maku`u Market, Maku`u Market has to give coupons for EBT to the vendors. I'm not quite sure because I never participated directly in the program, but this double the bucks program is going to basically handout double the amount of Maku`u coupons that they can get with the EBT. So it helps the vendors too. ACTING CHR. EOFF: Thank you all in favor of Resolution 72-17, please say LL " aye. Vote on Res. 72-17: The motion to adopt Res. 72-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 74-17. Res. 74-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TWO BASKETBALL MINI HOOPS FOR THE KEKUAOKALANI GYMNASIUM Transfers $1,700 from the Clerk -Council Services — Contingency Relief account (Council District 7); and credits to the Parks and Recreation, Division Equipment account. Reference: Comm. 103 Intr. by: Mr. Kanuha Motion to Approve: Mr. Kanuha moved to adopt Res. 74-17. Seconded by Ms. Ruggles. Page 37 Hawaii County Council -6 ACTING CHR. EOFF: Mr. Kanuha. February 22, 2017 MR. KANUHA: Thank you, Madam Chair. I just urge everybody's support, my colleagues' support. I was notified that the mini basketball hoops at Kekuaokalani gym have been broken, and it wasn't in the budget to continue this program for the kids. So they asked me for help, and I'm gladly helping them with this resolution, this funds from District 7, so that they can continue the program of instructing our youths in basketball. So I ask for your support, and look forward to hopefully getting this back on track soon. Thank you. ACTING CHR. EOFF: Okay, thank you. MS. O'HARA: A simple question. I'm not sure where this gymnasium is located, I'm sorry. MR. KANUHA: Nope, great question. Kekuaokalani gym is part of the greater old airport park, or as we call it, Makae`o. Right in Kailua. ACTING CHR. EOFF: Thank you. Council Members, all in favor please say LL " aye. Vote on Res. 74-17: The motion to adopt Res. 74-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 75-17. Res. 75-17: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,688 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Polynesian Adventure Tours, LLC, for the Pana` ewa Rainforest Zoo and Garden. Reference: Comm. 104 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. Poindexter moved to adopt Res. 75-17. Seconded by Mr. Richards. Page 38 Hawaii County Council -6 February 22, 2017 ACTING CHR. EOFF: Ms. David isn't here. Is there any comments on this? MS. LEE LOY: I do, yes. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: So thank you very much. This is for the zoo and it's in my district, so I'm urging all the Council Members to support this. This is the only zoo we have on the island, so this actually is a perfect fit for helping to take care of a gem that we have here on this island. So thank you very much. ACTING CHR. EOFF: Okay, thank you. Any other comments? Ms. O'Hara. MS. O'HARA: Okay. I appreciate that this donation is being made, and I'm glad that we can accept it. As Ms. Lee Loy pointed out, the Pana`ewa Rainforest Zoo and Garden is indeed a gem on this island. It's one of the most beautifully landscaped and maintained properties that we have in East Hawaii, and I always enjoy my visits there. Thank you. ACTING CHR. EOFF: Thank you. Mr. Richards. MR. RICHARDS: This is probably a procedural thing, but $2,688, is this just a donation from fundraising, or is that where we're just accepting a fundraising? ACTING CHR. EOFF: Yes, we're excepting a donation from the Polynesian Adventure Tour. I'm not aware of how the money was raised, but it's a monetary gift donation from the Polynesian Adventure Tours. MR. RICHARDS: I fully support for all the things been articulate, I was just curious of the strange number. So thank you. ACTING CHR. EOFF: Okay, any other comments, Council Members? Seeing none, all in favor please say "aye." Vote on Res. 75-17: The motion to adopt Res. 75-17 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. Page 39 Hawaii County Council -6 February 22, 2017 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (There were none.) ACTING CHR. EOFF: Motion carries. Now we're ready to go to Order of the Day, (Second or Final Reading) Bill 7. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second and Final Reading). (SECOND OR FINAL READING: Bill 7: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Increases revenues in the Environmental Management Kula`imano and Papa`ikou Dewatering & Barminutor Replacement project by $2.7 million, bringing the total amount to $3 million. Funds for this project shall be provided from State Revolving Fund ($2.7 million) and would be used for construction. Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter ; and Bill 8: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Adds the Environmental Management Kula`imano and Papa`ikou Dewatering & Barminutor Replacement project for $300,000 to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and/or Other Sources ($300,000). Funds would be used for project design. Reference: Comm. 64 Intr. by: Ms. David (B/R) First Reading: February 8, 2017 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 40 Hawaii County Council -6 February 22, 2017 Vote on Bill 7: Ms. O'Hara moved to pass Bill on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Bill 8. May I have a motion to approve Bill 8? Vote on Bill 8: Ms. Poindexter moved to pass Bill 8 on second and final (Adopted) reading. Seconded by Mr. Kanuha and carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. ACTING CHR. EOFF: Bill 9 Bill 9 AMENDS ORDINANCE NO. 12-129, WHICH AUTHORIZED THE MAYOR (Draft 2): TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII Amends Ordinance No. 12-129 to reflect the change in the monetary amount of $11,322,000 indicated in the ordinance title and Section 1, and in Exhibit A, Draft 2, which has been replaced with a new exhibit labeled as Exhibit A, Draft 3 (Kalaniana`ole Interceptor Sewer Rehabilitation Phase 11($8,622,000), and Kula`imano and Papa`ikou Dewatering & Barminutor Replacement ($2,700,000), for a total of $11,322,000). Funds would be used to expand the project scope to include barminutor replacement and other minor system upgrades. Reference: Comm. 65.1 Intr. by: Ms. David (B/R) First Reading: February 8, 2017 Page 41 Hawaii County Council -6 February 22, 2017 Vote on Bill 9: Ms. Poindexter moved to pass Bill 9 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Acting Chair Eoff — 8. Noes: None. Absent: Council Member David —1. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS The Chair directed the Council to proceed to the next order of business, FOR EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS : Announcements. (There were none.) ACTING CHR. EOFF: Thank you very much, Council Members. May I have a motion to adjourn? Page 42 Hawaii County Council -6 February 22, 2017 ADJOURN- There being no other business, at 11:39 a.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Mr. Richards and carried by the following voice vote: Council Approval: COUNtf CLERK SM/jm/rk Ayes: Council Members Chung, Kanuha, Lee Loy O'Hara, Poindexter, Richards, Ruggles and Acting Chair Eoff — 8 Noes: None. Absent: Council Member David — 1. Excused: None. ACTING CHR. EOFF: We are adjourned. JUN 0 7 2017 Page 43